Transit Australia Pty Ltd T/A Marlin Coast Sunbus

[2022] FWCA 1456

[2022] FWCA 1456

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Transit Australia Pty Ltd T/A Marlin Coast Sunbus

(AG2022/914)

Marlin Coast Sunbus Enterprise Agreement 2020

Passenger vehicle transport (non rail) industry
COMMISSIONER HUNT	BRISBANE, 2 MAY 2022

Application for approval of the Marlin Coast Sunbus Enterprise Agreement 2020

1. Transit Australia Pty Ltd T/A Marlin Coast Sunbus (the Employer) has applied for approval of an enterprise agreement known as the Marlin Coast Sunbus Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).  The Agreement is a single-enterprise agreement.

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A.  Pursuant to s.190(4) of the Act, I sought the views of the Transport Workers’ Union of Australia (TWU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The TWU raised some concerns with certain terms within the Agreement, and a conference was convened by the Commission between the parties.  Following the conference and further undertakings provided by the Employer, the final version attached to this decision, the TWU did not have any objection. 

1. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.  Pursuant to s.190 of the Act, I accept the undertakings.  In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

1. I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.  The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The TWU being a bargaining representative for the Agreement has given notice under s.183 of the Act that it wants the Agreement to cover it.  In accordance with s.201(2) of the Act I note that the Agreement covers the TWU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2022.  The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A